The Rights of Artistic Photographers in the Digital Environment December 7, 2001 Jean F. BARDA /...

The Rights of Artistic The Rights of Artistic Photographers in the Digital Photographers in the Digital

EnvironmentEnvironment

The Rights of Artistic The Rights of Artistic Photographers in the Digital Photographers in the Digital

EnvironmentEnvironment

December 7, 2001

Jean F. BARDA / Claude L. ROLLIN

December 7, 2001

Jean F. BARDA / Claude L. ROLLIN

SACD

The Copyright (or Droit d’Auteur) addresses 2 different types of rights :The Copyright (or Droit d’Auteur) addresses 2 different types of rights :

- The Moral RightBern Convention

- The Author RightsReproduction RightsPerforming RightsTV Broadcast RightsReprography Rights.......

Intellectual Property RightsSACD

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The RequirementsThe Requirements

An author wants:Respect for his work (Moral Right)Protection of his work (Ownership)Collection of the author’s economic rights

An Image Broker wants (Press Agency, Digital Library…) :to show Images with identification and protection (promotion & dissemination)to sell images (content trading)to control the use (piracy)to collect the economic rights (exploitation fees)

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Basic Principles

• Consider the existing situation

• Consider the national and internationallegislation

• Consider the professional practices

• Manage the problem of antecedence

• Manage the necessary confidentiality

• Ensure the security of the deposit

Basic Principles

• Consider the existing situation

• Consider the national and internationallegislation

• Consider the professional practices

• Manage the problem of antecedence

• Manage the necessary confidentiality

• Ensure the security of the deposit

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Consider the existing situation

Transition of the analogue picture to the digital picture

- Explanation of the transfer to the professionals- Setting up digital tools- Permanent demonstration

• Present deposits- ISBN, ISSN, ISRC, …ISAN, ISWC, ISTC …

• Conclusion : managing the emergency- Deposit locally or from afar- Assign each object an identifier directly- Make sure the identifier is Unique

Consider the existing situation

Transition of the analogue picture to the digital picture

- Explanation of the transfer to the professionals- Setting up digital tools- Permanent demonstration

• Present deposits- ISBN, ISSN, ISRC, …ISAN, ISWC, ISTC …

• Conclusion : managing the emergency- Deposit locally or from afar- Assign each object an identifier directly- Make sure the identifier is Unique

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Consider the National and international legislation• Difference between the Countries

- Moral Right and Intellectual Property- The Concept of Copyright

• Recourse in case of- Piracy or Imitation

• Possibility of deposit in several countries- Problem about Date-Hour of deposit- Problem about languages & used characters

• Conclusion- Notion of Registration Authority in each Country

Consider the National and international legislation• Difference between the Countries

- Moral Right and Intellectual Property- The Concept of Copyright

• Recourse in case of- Piracy or Imitation

• Possibility of deposit in several countries- Problem about Date-Hour of deposit- Problem about languages & used characters

• Conclusion- Notion of Registration Authority in each Country

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Considering the professional Practises

• Many professions are concerned by the Still Image

- Author’s Societies & Professional Organisations- Photo Agencies & « great » Photographers- Public Institutions, Museums, Libraries, Archives…- Societies & private Institutions

• Present classification- By general topic, photographer, Country, by year…- date of taking of seeing, countryside

• Conclusion : necessity of documenting the files

pictures themselves- Title, description of the image, extract, version,…- Non erasable protection of the picture

Considering the professional Practises

• Many professions are concerned by the Still Image

- Author’s Societies & Professional Organisations- Photo Agencies & « great » Photographers- Public Institutions, Museums, Libraries, Archives…- Societies & private Institutions

• Present classification- By general topic, photographer, Country, by year…- date of taking of seeing, countryside

• Conclusion : necessity of documenting the files

pictures themselves- Title, description of the image, extract, version,…- Non erasable protection of the picture

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Managing the problem of the antecedence

• Ability to receive all deposits- Length of the minimum operation- Availability of the reception links

• Precision in date and hour- Use the ISO date-hour group- Take the GMT reference everywhere

• Independence of the Registration Authority- Relation between ISO-National correspondent-Authority

• Conclusion : Multiplicity of the Registration Authorities- Distribution by Countries, agreement…

Managing the problem of the antecedence

• Ability to receive all deposits- Length of the minimum operation- Availability of the reception links

• Precision in date and hour- Use the ISO date-hour group- Take the GMT reference everywhere

• Independence of the Registration Authority- Relation between ISO-National correspondent-Authority

• Conclusion : Multiplicity of the Registration Authorities- Distribution by Countries, agreement…

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Managing the necessary confidentiality

• Limitation of the information- Don’t put the totality of the picture in line- Give enough information per one unique line

• Deposit type « Safe »- Protected file including all metadata- Modification is not allowed- Optional deposit of original file

• Conclusion : Deposit a vignette and a link to the original file- Contents of the deposited file- Identification & Description

Managing the necessary confidentiality

• Limitation of the information- Don’t put the totality of the picture in line- Give enough information per one unique line

• Deposit type « Safe »- Protected file including all metadata- Modification is not allowed- Optional deposit of original file

• Conclusion : Deposit a vignette and a link to the original file- Contents of the deposited file- Identification & Description

Metadata for IPR Contents

• Name of the Author of Original Work• Name of the Author - (ID/CC)

• Title • Creation date of the Original Work• Copyright holder

• Contact with address, Surface mail, E-mail

• Copyright reference

• Permanent usage restrictions• License Plate concept for Unique Identifier

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Licence Plate Structure - ID/LPISO/JPEG N° 10918 parts 3 & 4

1 2 3 4

11 FR 423561777

1 - 8 bits for the type of Work (11 for Still Pictures)

2 - 16 bits for the Registration Country- REGCON

3 - 16 bits for the Registration Authority- REGAUT

4 - 32 bits for sequential identifier - REGID

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Process to obtain an ID/LPfrom a Registration Authority

ContentCreator REGAUT

ID/CC

Request ID/LP

ID/LP

Password

WORK

Register ofID/CC

Register ofID/LP

Password

Vignette+

ID/LP

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a collective rights society an individual owning and/or producing

image, such as a photographer, a painter, etc.....

an Image handling agency, such as a press agency, advertising agency, etc.....…

a private or public institution (museum, digital image library, archive....)

a collective rights society an individual owning and/or producing

image, such as a photographer, a painter, etc.....

an Image handling agency, such as a press agency, advertising agency, etc.....…

a private or public institution (museum, digital image library, archive....)

WHO CAN BECOME A REGISTRATION AUTHORITY?

WHO CAN BECOME A REGISTRATION AUTHORITY?

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REGISTRATION AUTHORITYJURA : JPEG Utilities Registration Authority

REGISTRATION AUTHORITYJURA : JPEG Utilities Registration Authority

.............. AfnorAfnor BSIBSI

JURAJURA

Collective RightsSociety

Collective RightsSociety A Press AgencyA Press Agency A MuseumA MuseumA PhotographerA Photographer

ANSIANSI

ISOISO

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• Berne Convention (1886)

• Copyright Treaty (1996)

• Net Law (1999)

• Directive Européenne « Droit d’Auteur » (2001)

• Berne Convention (1886)

• Copyright Treaty (1996)

• Net Law (1999)

• Directive Européenne « Droit d’Auteur » (2001)

LEGAL REFERENCE TEXTSSACD

The Bern Convention September 9, 1886The Bern Convention September 9, 1886

Article 6bis : Moral Right

(1)Independently of the Author’s economic rights,and even after the transfer of the said rights,the author shall have the right to claim authorshipof the work and to object to any distortion,mutilation or other modification of, or orderderogatory action in relation to, the said work,which would be prejudicial to his honour or reputation.

Article 6bis : Moral Right

(1)Independently of the Author’s economic rights,and even after the transfer of the said rights,the author shall have the right to claim authorshipof the work and to object to any distortion,mutilation or other modification of, or orderderogatory action in relation to, the said work,which would be prejudicial to his honour or reputation.

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Article 9: Right of Reproduction

(1)Authors of literary and artistic works protectedby this Convention shall have the exclusive right ofauthorising the reproduction of these works, in anymanner or form.

Article 9: Right of Reproduction

(1)Authors of literary and artistic works protectedby this Convention shall have the exclusive right ofauthorising the reproduction of these works, in anymanner or form.

The Bern Convention September 9, 1886

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Article 15: Right to Enforce Protected Rights

In order that the Author of literary or artistic work protectedby this Convention shall, in absence of proof to thecontrary, be regarded as such, and consequently be entitledto institute infringement proceedings in the countries of theUnion, it shall be sufficient for his name to appear on thework in the usual manner. This paragraph shall beapplicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as tohis identity.

Article 15: Right to Enforce Protected Rights

In order that the Author of literary or artistic work protectedby this Convention shall, in absence of proof to thecontrary, be regarded as such, and consequently be entitledto institute infringement proceedings in the countries of theUnion, it shall be sufficient for his name to appear on thework in the usual manner. This paragraph shall beapplicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as tohis identity.


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Article 36: Application of the Convention

Any country party to this Convention undertakesto adopt, in accordance with its constitution, themeasures necessary to ensure the application ofthis Convention

Article 36: Application of the Convention

Any country party to this Convention undertakesto adopt, in accordance with its constitution, themeasures necessary to ensure the application ofthis Convention


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Adopted by the Diplomatic Conference on December 20, 1996170 States members ( as of Aug. 1998), Intergovernmental Organisation, One of the 16 specialised agencies of theUnited Nations system of organisations

Adopted by the Diplomatic Conference on December 20, 1996170 States members ( as of Aug. 1998), Intergovernmental Organisation, One of the 16 specialised agencies of theUnited Nations system of organisations

Two main issues about digital copyright :

• Article 11 : Obligations concerning Technological Measures

• Article 12 : Obligations concerning Rights Management Information

Two main issues about digital copyright :

• Article 11 : Obligations concerning Technological Measures

• Article 12 : Obligations concerning Rights Management Information

The WIPO Copyright Treaty (December 1996)The WIPO Copyright Treaty (December 1996)

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Article 11:

Contracting Parties shall provide adequate legalprotection and effective legal remedies againstthe circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Bern Convention and that restrict acts, in respect of their works, which are not authorised by the authors concerned or permitted by law.

Article 11:

Contracting Parties shall provide adequate legalprotection and effective legal remedies againstthe circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Bern Convention and that restrict acts, in respect of their works, which are not authorised by the authors concerned or permitted by law.


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Article 12:1)- Contracting Parties shall provide adequate and

effective legalremedies against any person knowingly performing any

of thefollowing acts knowing, or respect to civil remedies

having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Bern Convention:

(i) To remove or alter any electronic rights management information without authority;

(ii) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.

Article 12:1)- Contracting Parties shall provide adequate and

effective legalremedies against any person knowingly performing any

of thefollowing acts knowing, or respect to civil remedies

having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Bern Convention:

(i) To remove or alter any electronic rights management information without authority;

(ii) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.


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Article 12:

2) – As used in this Article, « rights management information »means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbersor codes that represent such information, when any of these items of information is attached to a copy of the work or appears in connection with the communication of a work to the public.

Article 12:

2) – As used in this Article, « rights management information »means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbersor codes that represent such information, when any of these items of information is attached to a copy of the work or appears in connection with the communication of a work to the public.


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• Reference to article 8 of the WIPO Copyright Treaty

• Article 4:Members States shall provide authors in respectof the original of their works or of copies thereof,with the exclusive right to any form of distributionto the public by sale or otherwise.

NET LAW (March 5, 1999)NET LAW (March 5, 1999)

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Arts. 6 & 7 of the draft Directive derive fromarts. 11 & 12 of the WIPO Copyright Treaty.

The main interests which publishers have inCopyright and neighbouring rights are Securityof trading and authenticity.

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Reference to the US Digital Millenium Copyright Act (DMCA - October 28, 1998) :Copyright Management Information (CMI)

The DMCA will make it illegal to knowingly alter, remove orfalsify CMI – or to knowingly traffic in copies of workslinked with CMI that has been so altered, removed or falsified – with an intent to enable or conceal copyright infringement.

Rights of Copyright Owners and related limitationsThe DCMA explicitly preserves, without modification,existing rights of Copyright owners and the limitations on

such rights, including fair use.

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The European Directive (February 2001)The European Directive (February 2001)

Harmonisation of :

- Reproduction Right

- Performing Right

- Distribution Right

Adopted by the European Parliament February 14th, 2001

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The European Directive (February 2001)The European Directive (February 2001)

Takes into account arrangements of the articles 11 & 12

of the WIPO Treaty :

Article 7 (Obligations concerning the information about the Rights)

1) The members States provide a legal protection against any person who accomplishes knowingly, without authorisation, one of the following acts :

a) to remove or to modify all information concerning the form ofrights on electronic representation;

b) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that

electronic rights management information has been removed or altered without authority…..

Takes into account arrangements of the articles 11 & 12

of the WIPO Treaty :

Article 7 (Obligations concerning the information about the Rights)

1) The members States provide a legal protection against any person who accomplishes knowingly, without authorisation, one of the following acts :

a) to remove or to modify all information concerning the form ofrights on electronic representation;

b) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that

electronic rights management information has been removed or altered without authority…..

SACD

The Rights of Artistic Photographers in the Digital Environment December 7, 2001 Jean F. BARDA /...

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